you're right, this is the critical issue for law enforcement and the prosecution. can they show that these two knew that she was so well beyond her limit -- >> i have to tell you what i found to be significant in this case. this community is only comprised of 34,000 people. they lost six teenagers in traffic accidents just since last may. so the police are at a point where they are saying, what else can we possibly do to drive home the message to young people about the risk they face? >> one attorney, lawrence taylor, the author of the book drunk driving defense said you cannot be prosecuted because you did not stop someone from engaging in criminal conduct. if someone is holding a gun and is about to shoot it and you don't pull it out of their hand, you cannot be held accountable. i think the police are overreaching. jonathan sill says for this case to progress it has to be the boys knew the person was drunk and that they knew the accident would happen. so there's a standard of proof that is very, very high. it would be very difficult for the state to say one of t